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Home My WebLink AboutORD NO 619AN Et~TERGENCY ORDINANCE A~ENDING SUBDIVI- SION 6 OF SECTION 16, SUBDIVISIONS 13 AND '56 OF SECTION 1~, AND PARAGRAPH (a) OF ' SECTION 20 OF O~INANCE N0. 618 NE~V SE_ IES R OF THE CITY 0F1 BAKERSFIELD, CALIFORNIA.;' WHEREAS, the City Council hereby declares that an emer- gency exists making it necessary to provide for the daily opera- tion.of a municipal department, to-wit: That it is necessary to.=~ make certain changes. in the ordinance governing the collection~' of licenses in the City of Bakersfield by the License Collector, NOW, THZREFORE, BE IT 0RDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION 1. That Subdivision 6 of Section 16 of Ordinance No. 618 New Series of the City of Bakersfield, entitled "AN ENERGENCY ORDINANCE REGULATING AND IMPOSING ~NICIPAL LICENSES; DESCRIBING HOW AND BY. WHON LICENSES AND PERNITS SHALL BE 0BTAIR~D; NAKING A .VIOLATION HEREOF A NISDENEANOR~ AND PRESCRIBING A PENALTY THEREFOR~ AND REPEALING ORDINANCE N0. 512 NEV~ SERIES AND ALL A~I~D~t~S THERE- TO, AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN C0~LICT HEREWITH" be and the same is hereby amended to read as follows: 6, Contractor: A contractor within the meaning Of this ordinance is a person, firm, corporation, co-partnership~ association or other organization, or any combination thereof, who for either a "' fixed~sum~'Price~'~fee~ Per~entage~ ~profi't~or other ~comp~nsation other th~n wages, undertakes or offers to undertake~ or purports to have the capacity to undertake to construct, alter, repair, add to, or improve any building~ highway, road, railroad,.excava- tion or other structure, project, development~ or improvement, or to do any part thereof~ provided, that the term contractor, as used in this ordinance, shall include subcontractor, but shall not include any one who merely furnishes materials or supplies without -1- fabricating the same into, ,o~,.co~m~s:ing the 'S~m~'in the performance of the work of the contractor as herein defined, or sole owners of property building thereon a dwelling house intended for the use and occupancy of such owner and his family, provided that no more than one of such buildings shall be so constructed in any calendar year. For the purpose of this ordinance Contractors shall be divided into the following classes: Class "A" Contractors: Shall include all contractors who are required by City Ordinance to submit to special examinhtion as to qualifications and carrying individual inspection. Class "B" Cq~tractors: Shall include all contractors engaged in the construc- tion or remodeling of any building or improvement, each with a valuation in excess of 'five hundred dollars ($%00.00). Class ~'_~C'Z Contractors: Shall include all contractors engaged in the construc- tion or remodeling of any building or improvement, each with a valuation of not more than five hundred dollars ($~00.00), and. not less than twenty-six dollars ($26'.00). SECTION 2. That Subdivision 13 of Section 17 of Ordinance No. 618 New Series be and the same is hereby amended to read as follows: ~ Co__jntracto~rs ~ For-every person~ firm-or--corporations-engaged·in the business or acting in the capacity of a contractor, excepting a Class "C" Contractor, the license fee shall be as follows: Class "A" Contractor: Forty Dollars ($40.00) per year. Class "B" Contractor: Forty Dollars (.-$40.00) per year. Provided, the above license may be paid quarterly if the contractor.so desires. Provided, further, that any contractor making application .: for a license who has newer before made application for a license as a co~- tractor in the City of Bakersfieldshall pay a full yearly license in advance from the first day of the current quarter during which said license is issued. Thereafter the said~contrac~or may continue by securing a license quarterly~ if so desired. For every per~on~ firm or corporation eng.aged in the business or acting in the capacity of a Class "C" Contractor~ a~license for each con- ~traCt shall be procuredi and said license shall be One Dollar ($1.00). SECTION 3. That Subdivision ~6 of Section 17 of Ordinance No. 618 New Series be and the same is hereby amended to read as follows~ ~ Titles, Ab~s~qt o_~f - For every person conducting the business of examin- ing~ Searching or investigating titles to real estate and issuing abstracts~ statements or certificates of title~ showing or purporting to show or certify the condition or state of title to any particular property or properties~ as disclosed by examination of the public records~ but which abstract~ certifi- cate or statement does not'insure or purport to insure the title to a~J real property~ or any interest therein~ the license fee shall be Fifteen Dollars ($1~.O0) Iper quarter, payable in advance. Provided that when said business consists of not more than three (3) persons~ including employees~ the license fee shall be five dollars ($~.00) per quarter~ payable in advance. SECTION ~. That Paragraph (a) of Section 2~0 of Ordinance No. 618 New Series be and the same is hereby amended to read as follows: Z.SECTION 20. Statement to License Collector on Gross Business .(a) In all cases where the amount of license to be paid by any person~ firm or corporation is based upon the amount of gross receipts or sales or business transacted~ or upon the number of tables used for any game~ or upon the number of rooms in any build- ing~ or~ upon the ~number of vehicles~ or u]f~on the number of chairs used~ such person~ firm or corporation sbalt~ on'the first day of J~y of each year~ and before any further license is issued for said -3- business, render to the LicenSe Collector a statemelnt]-th~eof'~in' writing, sworn to before some officeri authorized to administer~ oaths, that the facts therein set forth are true, and show the total gross receipts or sales of said business transacted during the three months immediately prior to~the making of said state- ment, lor the number of tables ~d in any game,.or the number of chairs used in said business during the three months immediately prior to the making of-such statement, which statement shall determin~the amount due and payable from said business to the City of Bakersfield as a license f'ee for the ensuing year; said total amount or total yearly license fee due as shown by said statement shall be divided into and paid in four equal quarterly payments, 'the first payment due and payable the first day of July of each year, and the balance shall be payable quarterly thereafter until a new statement is filed as required herein. No such statement shall be conclusive upon the City of Bakersfield, or upon any officer thereof as to the matters therein set forth, and' the same shall not prejudice the right of the said City to fix the amount of said license fee at a higher amount, should there be reason to believelthat said business should have a higher rating than that shown by said statement,~'nor to recover any amount that may be ascertained to be due from such person, firm or cor.poration, in addition ~o the amount shown by such statement if it should be found to be incorrect; and the License Collector shall,.and he is hereby authorized to fix the amount of said license at a higher rate when he has reason to believe or corporation feelingsaggrieved or dissatisfied with such rating by the License C'ollector,.as aforesaid~ may appear before the Council at the next.regular meeting thereof, with proof, if any, why said license fee should be in accordance with their said state- ment, and the finding of the Council'thereon shall be conclusive · and they\\~hall direct the License Collector to issue said license in accordance with such finding. The sworn statements required by the preceding paragraph Shail not be open to public inspection, but may be inspected by any officer of the City of Bakersfield whose official duties make it necessary for him to have information disclosed by said state- ments. SECTION 5. This ordinance is hereby declared to be an emergency measure'within the meaning of Section 24 of the Charter of the City of Bakersfield, State of California, and necessary to provide for the daily operation. of amunicipal department, and shall take effect immediately. - --o0o ..... I }EREBY CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the Council of the City of Bakersfield, at a regular meeting thereof held on the~,day of ~~' ~, 1942, by the following vote: AYES: CLEMENTS, MARMADUKE, NORRIS~ SIEMON, SMITH, VANDERLEI, VERCAMMEN NOES: _~ .................................................... ABSENT: ................... ' ........................................... APPROVED by me this ~day of .I _._ -Co:m?nc-i~l~ :o~the.-City- of--Baker~field-. ~ 1942. E City k d x-Officio Clerk of the STATE OF CALIFORNIAI County of Kern ~ ss. V. VAN RIPER, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield; and that on ....... ~ ..... ~ ............... 19---~--.--,>,he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting th~eof duly held on ......... ~ ........... ~. .........19--/~------'~,which ordinance was numbered ........ /....~.. .........New Series, and entitled: AN E~v~RGENCY ORDINANCE ANE~$ING SUBDIVI- SION 6 OF SECTION 16, SUBDIVISIONS 13 AND ~6 OF SECTION 17~ AND PARAGRAPH (a) OF SECTION 20 OF ORDINANCE NO. 618 NEW SERIES OF THE CITY OF BA~RSFIELD, CALIFORNIA. ~.~?":"'-=(' ~i'i~Sc[~d and sworn to before me this ----